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COYNE v. SCHENLEY INDUSTRIES, INC.

155 A.2d 238 (1959)

Maurice COYNE et al., Petitioners and Plaintiffs in Civil Action No. 1042 Below, Appellants, Caryl M. Curtis, Petitioner in Civil Action No. 1040 Below, v. SCHENLEY INDUSTRIES, INC., a corporation of the State of Delaware, Respondent and Defendant Below, Appellee.

Supreme Court of Delaware.

November 10, 1959.

Attorney(s) appearing for the Case

H. James Conaway, Jr., of Morford, Young & Conaway, Wilmington, for appellants.

Aaron Finger, of Richards, Layton & Finger, Wilmington, for appellee.

SOUTHERLAND, C. J., and WOLCOTT and BRAMHALL, JJ., sitting.

SOUTHERLAND, Chief Justice.

The question presented is whether after a merger an unregistered stockholder of a constituent corporation is entitled to appraisal rights under the applicable provisions of the General Corporation Law, 8 Del.C. § 101 et seq.

Prior to March 26, 1958, Schenley Industries, Inc., a Delaware corporation, was the owner of about 96% of the outstanding shares of stock of Park & Tilford...

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